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Opinions

The District of XXXXX offers a database of opinions for the years 19XX to 2011, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

In a Chapter 12 proceeding, 11 U.S.C. 1201-1231, a trustee represents the bankruptcy estate in some matters and the debtor, again as the estate s debtor-in-possession, represents the bankruptcy estate in other matters unless the bankruptcy court removes the debtor as the bankruptcy estate s debtor-in-possession. For example, if the bankruptcy trustee liquidates property of the estate pursuant to Section 363, she conveys title to that property on behalf of the bankruptcy estate, not on ...

Walling & Foster, P.C., Battle Creek, Michigan, for Defendant Mbna America Bank ( Mbna ) has submitted for entry a proposed consent judgment in conjunction with a settlement reached between it and Laura M. Henning, the defendant in this adversary proceeding. The settlement stipulation between Mbna and Ms. Henning also included a proposed consent judgment. However, Mbna did commence an adversary proceeding against Ms. Henning and Mbna now requests that the court enter a consent judgment ...

Grand Rapids, Michigan, for Countrywide Home Loans Countrywide Home Loans ( Countrywide ) claims a lien in real property and a manufactured home affixed to that property. 125.2330d(1). However, the intersection of the Mobile Home Commission Act and Revised Article 9 does not extend beyond issues regarding the perfection of an Article 9 security interest in a manufactured or mobile home. Revised Article 9 clearly provides that compliance with the title certificate requirements of the ...

Opinion Re: Trustee S Objection To Claim Mary Viegelahn Hamlin, the Chapter 13 trustee, has objected to the allowance of the proof of claim filed by Shelly Grotenhuis in this bankruptcy proceeding. The Chapter 13 trustee agreed at the hearing that her only basis for objecting to Ms. Grotenhuis claim was that the proof of claim itself did not have attachments evidencing the obligation upon which the claim was made. Nonetheless, the Chapter 13 trustee ...

U.S. Bank falls within paragraph 3.2 of Debtors plan because Debtors scheduled U.S. Bank as fully secured. Debtor classifies claims as secured in this Plan only if Debtor is retaining the collateral for such claims. There is no other reference in Debtors July 14 plan to the amount of the prepetition arrearage due U.S. Bank. Therefore, the plan mailed to U.S. Bank on July 17, 2003 placed U.S. Bank on notice that Debtors intended to treat U.S. Bank as having a fully secured claim in the ...

Deutsche Bank National Trust Company ( Deutsche Bank ) is a creditor of the Debtors. Debtors indicated in their plan that they owed Deutsche Bank $78,235.00 and that the indebtedness 2Specifically, Debtors confirmed plan provided that: Creditor, Deutsche Bank, shall retain its mortgage lien. 8 Debtors assume that Deutsche Bank is under some obligation to accept the Chapter 13 trustee s cure of the post-confirmation default of Deutsche Bank s rights to payment under that plan.

On August 6, 2004, Countrywide Home Loans, Inc. ( Countrywide ) filed a motion entitled Countrywide Home Loan, Inc. s Motion to Reconsider the Judgment and Order Confirming Plan Entered on July 27, 2004. However, the Bulsons amended their plan on two separate occasions prior to the May 27, 2004 confirmation hearing.1 They filed their first amended plan on February 20, 2004 (the February 20 amended plan ) and they filed their second amended plan on May 19, 2004 (the May 19 amended plan )....

That plan discriminates between their joint creditors and their individual creditors by offering a 100% dividend to their joint creditors instead of the much smaller dividend offered to their individual creditors. These courts in effect create a separate bankruptcy estate to administer the entireties property in which the debtor has claimed a Section 522(b)(2)(A) exemption. A debtor who claims the Section 522(b)(2) exemptions may exempt his interest in entireties property.

Opinion Re: Trustee S June 18, 2004 Motion To Distribute Proceeds To Sun-Da-Go Condominium Association Appearances: John August Engman, Esq. I interpret Trustee s motion as in fact a request for court approval of the underlying settlement Trustee reached with the condominium association concerning its claimed liens in the condominium lots. The Trustee acknowledges that his settlement with the Sun-Da-Go condominium association contemplates paying the ...

Judge James D. Gregg

Issue Do principles of sovereign immunity deprive this court of jurisdiction to hear and determine the Debtors request for sales tax refunds from the Vermont Department of Taxes under 505(a) of the Bankruptcy Code? Vermont s motion asserts that its Eleventh Amendment sovereign immunity deprives this court of jurisdiction to hear and determine this adversary proceeding. Vermont s sovereign immunity does not preclude this court from exercising jurisdiction over this adversary proceeding, ...

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